1-1     By:  Duncan                                            S.B. No. 409
 1-2           (In the Senate - Filed February 5, 1999; February 8, 1999,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     March 17, 1999, reported favorably by the following vote:  Yeas 4,
 1-5     Nays 0; March 17, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the separation of sequestered jurors in a criminal case
 1-9     under certain circumstances.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Article 35.23, Code of Criminal Procedure, is
1-12     amended to read as follows:
1-13           Art. 35.23.  JURORS MAY SEPARATE.  The court may adjourn
1-14     veniremen to any day of the term.  When jurors have been sworn in a
1-15     felony case, the court may, at its discretion, permit the jurors to
1-16     separate until the court has given its charge to the jury.  The
1-17     court on its own motion may and on the motion of either party
1-18     shall, after having given its charge to the jury, order that the
1-19     jury not be allowed to separate, after which the jury shall be kept
1-20     together, and not permitted to separate except to the extent of
1-21     housing female jurors separate and apart from male jurors or
1-22     permitting jurors to separate for meals or other proper purposes,
1-23     until a verdict has been rendered or the jury finally discharged.
1-24     Any person who makes known to the jury which party made the motion
1-25     not to allow separation of the jury shall be punished for contempt
1-26     of court.  If such jurors are kept overnight, facilities shall be
1-27     provided for female jurors separate and apart from the facilities
1-28     provided for male jurors.  In misdemeanor cases the court may, at
1-29     its discretion, permit the jurors to separate at any time before
1-30     the verdict.  In any case in which the jury is permitted to
1-31     separate, the court shall first give the jurors proper instructions
1-32     with regard to their conduct as jurors when so separated.
1-33           SECTION 2.  This Act takes effect September 1, 1999, and
1-34     applies to all criminal proceedings occurring on or after that
1-35     date.
1-36           SECTION 3.  The importance of this legislation and the
1-37     crowded condition of the calendars in both houses create an
1-38     emergency and an imperative public necessity that the
1-39     constitutional rule requiring bills to be read on three several
1-40     days in each house be suspended, and this rule is hereby suspended.
1-41                                  * * * * *